Category: Blog

LGBTQ Issues in the Workplace

LGBTQ issues have dominated headlines from the Obergefell decision to bathroom legislation and federal guidance.  With the EEOC taking a stance that the term “sex” in Title VII includes same-sex discrimination, there’s a change in the workplace too.  So what should an employer do with this sensitive?  Here are some tips.

  1. Foster respect in the workplace. Yes, the National Labor Relations Board takes an interesting approach to workplace civility and respect rules.  But, this does not mean that you can’t tell employees to be respectful.   You can and should.  Build respect into your values, talk about respect in harassment training, model respectful behavior.  Respect goes a long way to treating all employees well.
  1. Focus not on what other employees will think, but what you should really care about. Way back when, the first African American employee was hired.  Some employees may not have liked it, been vocal about it, and maybe even complained or quit over it.  As a country, we’re working to get beyond that now.  We wouldn’t tolerate that behavior from employees now directed at African Americans, so we shouldn’t tolerate similar behavior towards the LGBTQ community.  Instead, focus on the work.
  1. Yes, religious beliefs matter, but they shouldn’t play a part in employment decisions. If an employee objects to working with someone because of a religious belief, remind them that they are not at church (unless you really work for a church).  Employers have certain goals that, for the most part, are not tied to a religion.  I’m confident that the EEOC will not support a religious accommodation for an employee to not work with an LGBTQ employee. Title VII’s religious accommodation is designed to allow an employee to practice her religion, not force her beliefs on others or use it as the way to not work with certain people.
  1. Respect the process. I don’t know anyone who thinks that being transgender is a walk in the park.  For many transgender employees, they already feel uncomfortable in their body, so providing a comfortable workplace is essential.  Learn the name and pronoun they want to be used.  Change ID badges, door nameplates, log-ins, and business cards.  Understand that they want privacy and don’t want to worry about what bathroom to use.
  1. Change is hard. Change in a workplace is hard.  When we lose an employee, there is a grieving process that can affect other employees more harshly than others.  But this does not mean that we should try to control the pace of change.  We shouldn’t.  We want competent employees who do their jobs well, treat each other well, and help make work less like work.

If you’d like to speak more about this, join me for a webinar on December 20 when we’ll go through the evolution of the law in this area and more.

Kate1 Comment

The Election & Harassment

It is hard to ignore this year’s election.  Between comments made by the Republican nominee and the rampant allegations of sexual assault, misconduct, and cover-ups, one might be compelled to find the nearest Sesame Street marathon for a palate cleanser.  Just 19 days to go!

This election is affecting workplaces.  It’s hard to keep it out.  The Access Hollywood tapes, the tweets, and interviews from prominent election surrogates seep in.  These comments and conduct could give rise to harassment claims, whether based on sex or race.  If this conduct was directed at an employee, group of employees, and/or created a hostile work environment, the employer would be required to do something.  Imagine being in HR for a Trump organization these days.

Even if you don’t work for a Trump organization, what should you do when election talk gets into the workplace?  Here are a few tips:

  • Remind everyone of your harassment policy. A policy against workplace harassment is a living document.  It has meaning, it affects every employee and manager, and everyone should understand it.  While one would hope that employees only need to refer to it once at the outset of employment, that’s not the reality.  Employers should remind folks of their policy.  It explains what conduct is prohibited.  Use it.
  • Ask employees to not talk politics. Just like religion, a discussion of politics has never really been a safe discussion topic for the workplace.  This year it’s even worse.  Explain to employees that emotions run high with politics, and it’s best to not talk about it.
  • Do your best to keep opinions to yourself.  Modeling good behavior is important, especially from HR and managers.  If you don’t engage, hopefully employees won’t either.
  • Focus on the work. When we got bogged down with politics at work, the work isn’t getting done.  Refocus employees to getting the work done.
  • Don’t pick sides. Do your best to bite your tongue and apply these tips equally.  While you may be tempted to talk with someone expressing opinions similar to your own, bite your tongue.  All sides should be treated equally.
  • Respect above all. It is really hard to stay out of the fray.  If employees do get into it, they need to remain respectful.  The National Labor Relations Board has taken an interesting stance on respectful workplace policies that doesn’t mean that employers cannot discipline employees when they disparage each other and the disrespectful conduct does not relate to the terms and conditions of employment.

Coincidently (or maybe purposefully), this week, the EEOC announced updates to its Strategic Plan, reinforcing its focus on combating harassment in the workplace.  This past June, the EEOC issued a report on harassment in the workplace.  The report described workplace harassment as an ongoing problem that employers must actively work to combat.  This election gives us a good opportunity to reinforce our prevention efforts.  Take it.

 

Image courtesy of vecteezy.com

Kate1 Comment